
Williams to face second trialProsecutors set to re-try Jayson Williams for limo driver's deathPosted: Thursday May 20, 2004 6:14PM; Updated: Thursday May 20, 2004 6:14PM
New Jersey prosecutor Steven Lember will announce Friday that he is seeking a second chance to convict former NBA player Jayson Williams on a charge of reckless manslaughter in the 2002 shooting death of limo driver Costas (Gus) Christofi. A second trial is the only way Lember can make up for a blunder that allowed Williams to walk away from the most serious charge he faced when the first trial stumbled to an end April 30. It was a mistake that took the sting out of a prosecution effort that began on the night of Feb. 14, 2002, when a loaded shotgun in Williams' hand went off, killing Christofi. Consequently, a case that continued through months of investigation and for 12 weeks of trial before a jury in Somerville, N.J., was undeniably undermined by prosecutorial misconduct. A jury convicted Williams of four charges related to his attempted coverup of the shooting but acquitted him of three charges, including the most serious, aggravated manslaughter. The jury deadlocked on the lesser charge of reckless manslaughter. Because it couldn't arrive at a verdict on the reckless manslaughter count (jurors voted 8-4 in favor of acquittal), Lember can still retry Williams on that count. The defense for Williams maintained the shooting was an accident, and that the weapon misfired. Lember spent weeks of the trial detailing for the jury Williams' attempts to cover up what had happened. It was a terrible thing, Lember argued, to tamper with evidence and to try to fool the police. He alleged that Williams had tried to put the victim's fingerprints on the shotgun and destroyed his own bloody clothes. Lember also alleged that Williams had encouraged witnesses to lie to the police. But then, in the final stage of the trial, Lember was caught in his own coverup. In his preparation for the trial, Lember had consulted with an engineer from the company that made the shotgun Williams was holding when Christofi was shot. Lember allowed the engineer to examine the gun and asked him to write a report of his findings. But Lember says he "forgot" to tell the lawyers representing Williams about the report. It was an egregious violation of the rules and of a court order that required both sides to share the evidence they were preparing to present at the trial. Lember did not tell the Williams defense team until the night before the engineer was to testify and withheld notes and photographs. It's difficult to fathom why Lember would not disclose all of this to Williams' lawyers before the trial. Most of what the engineer reported was helpful to the prosecution's case. The report concluded that there was no malfunction of the gun. State Superior Court Judge Edward Coleman had little choice but to let the jury know of the prosecution's failure to share important evidence with Williams' defense. He ruled that because Lember withheld the report from Williams' lawyers, the defense could recall its expert witnesses to rebut the study. The revelation cast suspicion on the prosecution and away from the defendant, a disaster for any prosecutor. Instead of filling the court room with the sound of righteous indignation, Lember was rendered silent as Williams' attorneys beat the drums of conspiracy, and as his associates scrambled to defend Lember. Whatever credibility he had developed with the jury vanished.
In any criminal case against a celebrity athlete, the prosecutor must pitch a perfect game. Any error, however slight, in the prosecution's case gives the athlete's squadron of expensive lawyers and investigators a chance to turn the trial in their direction. There was nothing slight about Lember's error. Yet the fact that the jury deadlocked on the reckless charge may provide Lember a chance for vindication. In a second trial, the jury would hear nothing about Lember's error. He would be able to focus his efforts on the evidence that impugns Williams' conduct. And it is powerful evidence, according to witness testimony. The jury was told that Williams kept six firearms in his bedroom suite, and four were loaded. Witnesses testified that Williams took a loaded Browning Citori double-barreled 12-gauge shotgun from a cabinet, cracked it open, turned, taunted Christofi and uttered an obsenity at him, then snapped the weapon closed. It fired once, sending 12 pellets into Christofi's chest. He died within minutes. As the blast from the gun reverberated through the Williams mansion and Christofi dropped to the floor, Williams's reaction, according to testimony, was, "My life is over." Five witnesses testified that Williams then wiped down the shotgun, and four said Williams placed it in the victim's hands. Based on this testimony, Williams was convicted on evidence-tampering charges. The actions Williams is accused of define every element of reckless conduct, the kind of behavior that is clearly indifferent to human life and should lead to a conviction on a charge of reckless manslaughter. Even though the first trial was an exhausting experience for Lember and his colleagues, he vows to try again. He will attempt to make up for his blunder, and the evidence of reckless conduct demands a second look.
Sports Illustrated legal analyst Lester Munson regularly Holds Court on sports law and business matters on SI.com. |
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